What do you need to do when someone dies?
Dealing with the loss of a loved one is never easy. Grieving relatives are often left wondering what to do next or where to turn to when letters need writing, forms need filling in and debts need settling. A Grant of Representation may be required to collect in the assets of the deceased.
First steps - registering the death
You must register the death within 5 days. If the deceased died in a house or public building you can register the death if you are one of the following:
a relative who was present at the death, during the final stages of the illness or living in the same area as the deceased;
anyone who was present at the death;
someone in authority in the building where the death took place;
a resident in the building where the death took place and if you were aware of the circumstances of the death;
the person responsible for arranging the funeral.
You must take the medical certificate provided by the doctor who verified the death to the local Registrar of Deaths. If the death occurred outside a house or public building then points 1 – 3 and 5 apply as well as anyone who discovered the body.
Once you have the death certificate it is then important to attend to the funeral arrangements.
Obtain the will
Find or locate the deceased’s will. This may be at the deceased's home or lodged with his or her solicitor or bank.
If you are an Executor named in the will you must decide if you are willing or able to act. If there is no will, try to find out who will act as the Administrators – these are usually the next of kin. Consult a solicitor at this stage as you can be given some useful advice as to your duties and responsibilities
Consult a solicitor
Your solicitor will want to see all the financial information relating to the deceased, such as their assets and liabilities, to determine if there is a need to obtain a Grant of Representation to close the deceased’s accounts and settle any liabilities before paying any money out to the beneficiaries.
There may be a need to submit tax returns to the Revenue. Depending on the size of the estate, Inheritance Tax may also have to be paid – and this needs to be done before you can obtain the Grant.
Your solicitor can then administer the estate, including advertising for creditors and dealing with the collecting in of assets and the payment of debts, including income tax and Capital Gains Tax if applicable. Once this has all been done, any legacies or gifts can be settled and estate accounts drawn up for the beneficiaries.
How Wright Hassall can help
We can take the weight off your shoulders by providing a wealth of professional support and experience when you need it most. We can help you with:
the administration of an estate
advice on tax mitigaton
knowledge of the routine
obtaining the Grant of Probate (if there is a will) or Letters of Administration (if no will)
preparing legal documentation, including Deeds of Variation
transferring property to beneficiaries
preparing executors' accounts
corresponding with HM Revenue and Customs on tax matters including the preparation of tax returns
guiding and supporting executors or administrators on their duties and responsibilities
There are also many other day-to-day matters that you may need help with. We can assist you with these as well as advise you on more complicated matters such as tax issues and legal paperwork.
We can also assist you if there is a dispute regarding a will or an intestacy. For more information, click here.
